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Law of Obligations: Concept and Elements of an Obligation · Definition and Structure

What a legal obligation is, who its parties are, what its performance must be, and how it differs from property rights and moral duties.

For learning, not legal advice: for your own case, ask a lawyer.

Law of Obligations · 22 questions

Try 3 questions

1. The classic Roman definition in Justinian's Institutes describes an obligation as what?

  1. A legal bond compelling someone to perform
  2. A right of ownership over a thing
  3. A moral duty owed to the community
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Answer: A legal bond compelling someone to perform

The Institutes call it 'iuris vinculum', a bond of law by which we are bound by necessity to perform something, a definition still taught today.

2. A lender's right to be repaid differs from an owner's right over a car because the lender's right can be enforced against whom?

  1. Anyone who now holds the money
  2. Only the specific debtor
  3. Everyone, just like ownership
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Answer: Only the specific debtor

A credit is a personal right tied to a particular debtor, while a real right such as ownership is enforceable against everyone (erga omnes).

3. Classical doctrine breaks every obligation into which three elements?

  1. Offer, acceptance and consideration
  2. Fault, damage and causation
  3. Parties, performance and legal bond
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Answer: Parties, performance and legal bond

An obligation needs subjects (creditor and debtor), an object (the performance owed) and the legal bond linking them; the other lists belong to contract formation and tort.

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